General Terms and Conditions Mariandl am Berg® (AGB)

1. Scope of application
 
1.1. The following terms and conditions apply to all bookings of hotel rooms via Mariandl am Berg. If effectively agreed, they become part of the rental contract for a hotel room for accommodation purposes concluded between the guest and the host in the event of a booking. In addition to the statutory provisions, they also regulate the contractual relationship between you as the guest and us as the host.
 
1.2. For bookings of our hotel rooms via third parties on the Internet (e.g. booking.com; fewo-channelmanager.de; fewo-direkt.de or similar), the general terms and conditions of the respective provider apply.
 
2. Contractual partner
 
2.1. The contractual partner of the rental contract in the Mariandl am Berg is:
 
BAUART@sea GmbH
Mariandl am Berg
Bahnhofstraße 10/11
D 92224 Amberg
 
Phone +49 9621 7787970
Fax +49 9621 7787973
 
Seat of the company:
Nordstrand 400
D 18609 Ostseebad Binz
 
Phone +49 38393 699 699
Fax +49 38393 699 781
 
www.mariandl-am-berg.de
servus@mariandl-am-berg.de
 
Local District Court Stralsund HRB 20556
Sales tax identification number: DE314166972
 
Managing directors: Wolfram Buegger, Thomas Helm and Kostja Künzel
 
2.2. Your host BAUART@sea GmbH is the contractual business agent for the residential property owners’ association Bahnhofstraße 10/12 – Amberg and concludes rental contracts for hotel rooms with short-term changing hotel guests in its own name and for the account of third parties under the brand name “Mariandl am Berg”.
 
3. Conclusion of contract
 
By submitting a booking, the hotel guest makes a binding offer to the host to conclude a temporary rental contract for a hotel room. The hotel guest’s booking can be made verbally, by telephone, in text form, in writing or electronically by e-mail. The booking may be preceded by non-binding information from the host about hotel rooms at Mariandl am Berg and their current availability.
 
The rental contract is concluded upon receipt of a booking confirmation from Mariandl am Berg by the hotel guest. The booking confirmation does not require any particular form. As a rule, after acceptance of the booking, Mariandl am Berg will send the hotel guest a booking confirmation in text form together with a rental contract for a hotel room and a booking number. Confirmations made verbally and by telephone are also legally binding for both the hotel guest and the host. The booking by the hotel guest is made for all persons additionally listed in the booking.
 
If we do not send a binding booking confirmation at the request of the hotel guest, but instead submit a binding offer, the contract is only concluded when Mariandl am Berg receives the declaration of acceptance without extensions, restrictions or other changes within a form and period specified by us in the offer.
 
4. Services | Prices
 
The accommodation services contractually owed by us result from the booking confirmation in conjunction with the specific details in the rental agreement, the selected rate and the information on our website https://www.mariandl-am-berg.de/. The prices stated there are total prices including statutory VAT. Unless otherwise agreed, they also include all operating costs and final cleaning of the hotel room.
Upon conclusion of the contract, depending on the rate booked, a deposit on the total price may be due for payment, which is stated in the booking confirmation and the respective reservation conditions. The total price is otherwise due and payable in advance on arrival.
Prices for additional services that can be booked on site, the use of which is at the guest’s discretion, can be found in the current price list at Mariandl am Berg and will be invoiced separately by the respective provider. Additional services are paid for on departure.
At Mariandl am Berg you can pay in cash, by debit card or credit card (Visa, MasterCard). For online bookings, the payment methods bank transfer, PayPal and credit card are available. The terms and conditions of the respective payment service provider also apply.
The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form.
 
5. Arrival and departure
 
5.1. The Mariandl am Berg generally makes the hotel room available from 3.00 p.m. on the day of arrival, unless otherwise agreed. The guest is not entitled to the provision of specific rooms unless this has been expressly agreed in text form.
 
5.2. As a rule, the guest must vacate the hotel room by 10.00 a.m. at the latest on the agreed day of departure, unless otherwise agreed. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the delayed vacating of the room for its use in excess of the contract until 2:00 p.m., and 100% thereafter.
 
6. Inventory list | Obligations of vacation guests
 
Immediately after your arrival, please check the equipment in the hotel rooms for completeness and usability using the inventory list in the rental property. The hotel guest is obliged to notify Mariandl am Berg of any missing items and any defects found on the day following arrival at the latest.
Hotel guests must treat the rooms, furnishings and inventory with care and diligence. If you damage furnishings, rented rooms or the building as well as facilities belonging to the hotel rooms or the building, you, your companions or visitors are liable to pay compensation in accordance with the statutory provisions.
Hotel guests are also obliged to notify us immediately of any damage or defects occurring in the hotel rooms during the rental or accommodation period. If the timely notification is omitted and consequential damage is caused as a result, the guest is liable for compensation in accordance with the statutory provisions. Otherwise, claims for non-fulfillment of the contractual services are not applicable.
Our hotel guests are obliged to observe the house rules and are required to show consideration for each other. In particular, noise and disturbance of domestic tranquillity must be refrained from between 10 p.m. and 8 a.m. and from 1 p.m. to 3 p.m.
 
7. Withdrawal | Cancellation fees
 
The conclusion of a rental contract for a hotel room obliges both contracting parties to fulfill the contract for the agreed booking period. Hotel guests may only unilaterally withdraw from a booking subject to the following cancellation fees.
If a hotel guest withdraws from the contract before the start of the agreed rental period, he/she owes the host Mariandl am Berg the agreed total price, regardless of the time and reason for the withdrawal. However, Mariandl am Berg must allow the expenses saved and any other occupancy to be offset against the claim for fulfillment.
However, if the hotel and the hotel guest have agreed a specific date for free withdrawal from the contract in text form, possibly depending on the booked rate, the customer may withdraw from the contract up to that date without triggering payment or compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel in text form by the agreed date. The time of receipt of the declaration by Mariandl am Berg shall be decisive.
We recommend that customers take out travel cancellation insurance.
 
8. Termination | Force Majeure
 
There is no right of ordinary termination. Both contracting parties reserve the right to terminate the rental agreement without notice for important reasons.
Force majeure, labor disputes, civil unrest, official measures, epidemics, pandemics and other unforeseeable, unavoidable and serious events shall release the contracting parties from their contractual obligations for the duration of the disruption and to the extent of its effect. The contractual partners are obliged to provide the necessary information without delay within the scope of what is reasonable and to adapt their obligations to the changed circumstances in good faith.
 
9. Liability | Statute of limitations
 
9.1. The no-fault liability of Mariandl am Berg for material defects existing at the time of conclusion of the contract (§ 536 a BGB) is excluded.
 
9.2. The contractual liability of Mariandl am Berg for damages other than physical injury is limited to three times the agreed total price, unless the damage is due to a grossly negligent or intentional breach of duty or an intentional or negligent breach of typical contractual obligations of the host. The same applies if the damage suffered by the hotel guest is due to the fault of a legal representative or vicarious representative of Mariandl am Berg.
 
9.3. We are liable for items brought in by the hotel guest in accordance with the statutory provisions (§§ 701 ff BGB). We are not liable for service disruptions in connection with additional services that can be booked on site, which are merely arranged as third-party services and which are also expressly marked as third-party services.
 
9.4. Within the bounds of the statutory provisions, the hotel guest is liable for all damage caused by keeping or accommodating animals.
If the hotel guest or accompanying persons are provided with a parking space in the garage or on a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The Mariandl am Berg is not liable for loss of or damage to motor vehicles, trailers, motorcycles or their contents parked or maneuvered on the hotel property, except in cases of intent or gross negligence.
Claims against Mariandl am Berg shall become time-barred within one year of knowledge of the circumstances giving rise to the claim in accordance with Section 199 (1) BGB. Claims for damages expire after five years regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by Mariandl am Berg. The limitation period for liability for culpable injury to life, physical injury or damage to health remains unaffected and is governed by the statutory provisions. This also applies to the mandatory provisions of the Product Liability Act.
 
10. Use of Wi-Fi
 
The hotel guest is responsible for the data transmitted via our hotel’s Wi-Fi, the chargeable services used and legal transactions carried out. If they visit chargeable websites or enter into liabilities, the resulting costs are to be borne by them. He is obliged to comply with applicable law when using the WLAN. In particular, they will not use the Wi-Fi to retrieve or distribute immoral or illegal content; they will not illegally reproduce, distribute or make accessible any goods protected by copyright and will observe the applicable youth protection regulations.
The hotel guest shall keep Mariandl am Berg indemnified against all damages and claims by third parties arising from unlawful use of the Wi-Fi. If the hotel guest recognizes or must recognize that such a violation of the law and/or such a violation exists or is imminent, he shall inform us immediately of this circumstance.
 
11. Data protection
 
We take the issue of data protection very seriously. We collect, process and use recorded data of the hotel guest as well as all persons who are additionally listed in the booking, in accordance with the data protection regulations of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Detailed information on data protection at Mariandl am Berg can be found here: https://www.mariandl-am-berg.de/datenschutzerklaerung.
 
Version: October 2023